[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Proposed Rules]
[Pages 35558-35560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17314]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[ET Docket No. 98-95; FCC 98-119]


Dedicated Short Range Communications of Intelligent 
Transportation Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission is proposing to allocate 75 megahertz of 
spectrum for use by Dedicated Short Range Communications (``DSRC'') of 
Intelligent Transportation Systems (``ITS''). DSRC systems are being 
designed that require a short range, wireless link to transfer 
information between vehicles and roadside systems. ITS services are 
expected to improve traveler safety, decrease traffic congestion, and 
facilitate reduction of air pollution and conservation of fossil fuels. 
This action furthers the goals of the U.S. Congress, Department of 
Transportation and the ITS industry to improve the efficiency of the 
Nation's transportation infrastructure and to facilitate the growth of 
the ITS industry.

DATES: Comments are due September 14, 1998, reply comments are due 
October 13, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Derenge, Office of Engineering and 
Technology, (202) 418-2451.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 98-95, FCC 98-119, adopted June 11, 
1998, and released June 11, 1998 . The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W., 
Washington, D.C., and also may be purchased from the Commission's 
duplication contractor, International Transcription Service, (202) 857-
3800, 1231 20th Street, N.W. Washington, D.C. 20036.

Summary of the Notice of Proposed Rule Making

    1. On May 19, 1997, the Intelligent Transportation Society of 
America (``ITS America'') filed a Petition for Rulemaking 
(``Petition'') requesting that the Commission allocate 75 megahertz of 
spectrum in the 5.850-5.925 GHz band on a co-primary basis for DSRC-
based ITS services. The Petition states that DSRC links are needed for 
eleven ITS user services and places DSRC needs into three categories: 
current DSRC applications; emerging DSRC applications; and future DSRC 
applications.
    2. The 5.850-5.925 GHz band is allocated internationally on a 
primary basis for Fixed Services, Fixed Satellite Service (``FSS'') 
Earth-to-space links (``uplinks''), and Mobile Services. Additionally, 
in Region 2, this band is allocated on a secondary basis to the Amateur 
Radio Service and the Radiolocation Service. Finally, the 5.850-5.875 
GHz segment is designated internationally for industrial, scientific 
and medical (``ISM'') applications. Domestically, the entire band is 
currently allocated on a co-primary basis for the Government's 
Radiolocation Service (i.e., for use by high-powered military radar 
systems) and for non-Government FSS uplink operations. ISM devices and 
unlicensed part 15 devices are also permitted to operate in the 5.850-
5.875 GHz segment. Finally, the Amateur Radio Service has a secondary 
domestic allocation in the entire band.
    3. We propose to allocate 75 megahertz of spectrum, at 5.850-5.925 
GHz, to the Mobile Service and to designate its use for DSRC 
operations. We tentatively conclude that this significant amount of 
proposed spectrum would further the goals of the National ITS program 
and encourage the development of advanced technologies to increase the 
safety and efficiency of the national transportation infrastructure 
well into the future. Additionally, a 75 megahertz allocation should 
enable avoidance of occupied frequencies in areas where incumbent use 
is heavy and should be sufficient to meet the spectrum demands of 
future DSRC operations, such as Automated Highway Systems, which could 
require several dedicated wideband channels to ensure reliability. We 
request comment on whether this proposed allocation is excessive given 
that efficient spectrum use techniques exist and our goal of promoting 
spectrum efficiency. We welcome alternative suggestions for an 
allocation for DSRC.
    4. We believe that spectrum sharing between FSS and DSRC operations 
may be possible. However, we seek comment on the likely future needs 
for this spectrum for FSS earth stations. In this regard, we note that 
given the much higher power of FSS operations and the relatively low 
power of DSRC operations, individual DSRC operations are unlikely to 
cause harmful interference to incumbent FSS satellite operations. We 
also do not expect that DSRC devices in the aggregate would negatively 
impact existing or future FSS operations, particularly given that there 
are several other potentially significant contributors to the overall 
noise level in this band, such as government radars and ISM devices. We 
request comment on this preliminary assessment. We also seek comment on 
what, if any, effects the widespread deployment of DSRC devices could 
have on future development of FSS operations in this band. In this 
regard, we observe that widespread deployment of mobile devices, 
including devices with potential public safety uses, could make it more 
difficult to coordinate new FSS operations. We also seek comment on 
whether there are any instances in which DSRC services might be 
unacceptably impaired by FSS operations. We seek comment on whether 
terrain shielding, directional antennas, RF fencing and other 
techniques can be employed by DSRC operators to avoid receiving or 
causing interference. Alternatively, should interference situations 
arise where the two services are not compatible in a specific area or 
over a range of frequencies, we request comment on the feasibility of 
relocating the FSS operations to other geographic areas or frequency 
bands using the principles outlined in the Emerging Technologies

[[Page 35559]]

rulemaking. That is, if the DSRC licensee needs spectrum used by an FSS 
licensee, the DSRC entity would be responsible for the expense of 
modifying the FSS uplink to another location or frequency and ensuring 
that the FSS entity is able to achieve comparable operations.
    5. Unlicensed low power operations in the 5.850-5.875 GHz segment 
may be affected by this potential allocation. Although unlicensed 
devices have no allocation status and are not protected by our rules, 
we believe that the provision of hearing assistance devices to those 
with disabilities is a valuable service in the public interest. At 
present, any mobile part 15 hearing assistance device operating in the 
5.850-5.875 GHz band could encounter interference problems from various 
higher powered incumbent operations such as Government radar 
operations, FSS and ISM operations. Therefore, we request comment on 
whether the 5.850-5.875 GHz segment is currently being used for hearing 
assistance device operations, the likelihood of any such future uses, 
and whether any measures can or should be taken to protect such uses.
    6. We acknowledge that amateur operations are permitted to operate 
at up to 1.5 kW PEP output with high gain antennas which could 
interfere with DSRC receivers if operated on similar frequencies in the 
same geographic area. Nevertheless, amateur operations have access to 
275 megahertz in the 5.650-5.925 GHz band and we believe any amateur 
use of the 5.9 GHz range could be engineered to avoid DSRC operations. 
Also, amateurs may be able to continue use of these frequencies in 
rural areas where DSRC applications may not be extensively deployed. We 
anticipate that any interference problems that may develop between 
amateur stations and DSRC operations could be resolved by changing the 
frequency of the amateur operation in order to protect primary status 
operations or by other engineering techniques, such as power reduction 
or directional antennas.
    7. We tentatively conclude that DSRC-based ITS services can share 
spectrum with incumbent operations in this frequency range. We request 
comment on this issue and solicit further analysis of the spectrum 
sharing potential between DSRC-based operations and the incumbent use 
of the 5.850-5.925 GHz band.
    8. We believe it is necessary to outline an order of responsibility 
in resolving interference problems, if they occur. Specifically, we 
note that DSRC operations are not likely to interfere with Government 
radar operations and ISM operations, but the reverse may not always be 
the case. We propose to require DSRC operations to accept interference 
generated by ISM operations in this range, as is generally the case in 
ISM bands. Additionally, we note that DSRC operations, Government radar 
operations and FSS Earth-to-space operations would operate on a co-
primary basis in this frequency range. Therefore, we propose to place 
the responsibility for coordination equally on each of those operations 
through the Frequency Assignment Subcommittee of the Interdepartment 
Radio Advisory Committee. As is generally the case with co-primary 
services, any licensee initiating new or modified service in the band 
would be required to avoid interference to existing operations. 
Finally, secondary amateur operations would not be permitted to cause 
harmful interference to primary licensed operations in this frequency 
range. Nonetheless, to the extent that DSRC applications may operate on 
an unlicensed basis under part 15, they would be required to avoid 
causing interference to and cannot claim interference protection from 
all operations with secondary and primary allocation status. We request 
comment on this issue and encourage suggestions for alternative 
approaches.
    9. As is always the case for FCC approved devices, we will require 
all DSRC equipment to comply with our RF safety guidelines. We believe 
this level of protection is appropriate and will not result in the 
generation of unsafe levels of RF energy. We request comment, on 
whether any specific aspects of our RF safety guidelines are 
inappropriate for the deployment of DSRC equipment.
    10. We solicit comment and proposals for a channelization plan. We 
encourage commenters and standards setting organizations to consider 
and discuss the following factors in developing a DSRC channelization 
plan: optimization of spectrum use; use of informal standards to 
promote compatibility or interoperability of certain DSRC applications; 
flexible channel options for emerging services; diversity of DSRC 
services; and equipment affordability. For example, a proposed DSRC 
channelization plan could provide for a few wideband channels for 
certain purposes, such as backscatter automatic toll collection, and 
reserve a number of narrowband channels for active transponder DSRC 
services or other services with smaller data throughout requirements. 
We request comment on whether provision for different channel 
bandwidths for different data requirements or technologies would 
significantly effect the viability or cost of DSRC equipment. Further, 
we request comment specifically on whether to permit use of both 
passive and active DSRC devices and on whether and how reliance on 
informal DSRC technical standards, as opposed to Commission-adopted 
standards, may facilitate a smoother transition or integration among 
DSRC technologies.

Initial Regulatory Flexibility Certification, and Voluntary Initial 
Regulatory Flexibility Analysis (Voluntary IRFA)

    11. The Regulatory Flexibility Act (``RFA''),<SUP>1</SUP> requires 
that an initial regulatory flexibility analysis be prepared for notice-
and-comment rulemaking proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' <SUP>2</SUP> The RFA 
generally defines ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
government jurisdiction.'' In addition, the term ``small business'' has 
the same meaning as the term ``small business concern'' under the Small 
Business Act. A small business concern is one which: (1) is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (``SBA'').
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ 5 U.S.C. 605(b).
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    12. This Notice of Proposed Rule Making (``NPRM'') proposes to 
allocate the 5.850-5.925 GHz band to the Private Land Mobile Service 
(``PLMS'') for use by Dedicated Short Range Communications Services 
(``DSRCS'') in the provision of Intelligent Transportation Services 
(``ITS''). DSRCS communications are used for non-voice wireless 
transfer of data over short distances between roadside and mobile radio 
units, between mobile units, and between portable and mobile units to 
perform operations related to the improvement of traffic flow, traffic 
safety and other intelligent transportation service applications in a 
variety of public and commercial environments. This action is taken in 
response to a Petition for Rulemaking filed by the Intelligent 
Transportation Society of America (``ITS America''). While this NPRM 
does propose an allocation and some basic technical

[[Page 35560]]

parameters, the issues of licensing, channelization, and other complex 
technical matters are being deferred to a later proceeding. Therefore, 
because this present action will not result in the provision of these 
operations, we certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    13. Despite the certification, we have performed a voluntary 
Initial Regulatory Flexibility Analysis (IRFA), below, to create a 
fuller record in this proceeding and to give more information to 
entities, small and not, that might be affected by our action. Written 
public comments are requested on the IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for 
comments on the NPRM. The Commission's Office of Public Affairs, 
Reference Operations Division, will send a copy of the NPRM, including 
this certification and voluntary analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

A. Need for, and Objectives of, the Proposed Rules

    14. The objective of this action is to provide sufficient spectrum 
to permit the development of DSRCS technologies to improve the nation's 
transportation infrastructure and bolster the involvement of United 
States companies in this emerging industry.

B. Legal Basis

    15. This action is taken pursuant to sections 4(i), 7(a), 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. Sec. 154(i), 157(a), 303(c), 303(f), 303(g), and 
303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    16. The 5.85-5.925 GHz band is currently available to the U.S. 
Federal Government for Radiolocation purposes, Fixed Satellite Service 
licensees for international intercontinental links, amateur radio 
operators and by various entities using part 18 Industrial, Scientific 
and Medical (``ISM'') equipment and part 15 unlicensed device 
equipment. We note that there are only 45 FSS licenses issued for 
operation in 5.85-5.925 GHz band and most if not all are held by large 
corporations. Further, amateur radio operators and the Federal 
Government do not qualify as small entities. We also note that part 18 
ISM devices are protected in this band, which only generate 
electromagnetic energy, are not used for communication purposes and 
therefore cannot receive interference or be impacted by this action. 
Finally, while part 15 unlicensed devices are permitted to operate in 
the 5.85-5.875 GHz portion, they do so on an unlicensed, unprotected 
basis. Further, the Commission has no means to determine the number of 
small entities that might use unlicensed part 15 equipment that 
operates in the band at issue. The NPRM discusses means by which the 
potential DSRCS would be able to share the spectrum with incumbent 
operations and requests comment on ways to ensure such spectrum 
sharing. Accordingly, we do not believe this action would have a 
negative impact on small entities that operate in the 5.85-5.925 GHz 
band, but nevertheless request comment on this assessment.
    17. Regarding the Fixed Satellite Service licensees for 
international intercontinental links, the Commission has not developed 
a definition of small entities applicable to licensees in the 
international services. Therefore, the applicable definition of small 
entity is generally the definition under the SBA rules applicable to 
Communications Services, Not Elsewhere Classified (NEC).<SUP>3</SUP> 
This definition provides that a small entity is expressed as one with 
$11.0 million or less in annual receipts.<SUP>4</SUP> According to the 
Census Bureau, there were a total of 848 communications services 
providers, NEC, in operation in 1992, and a total of 775 had annual 
receipts of less than $9,999 million.<SUP>5</SUP> The Census report 
does not provide more precise data.
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    \3\ An exception is the Direct Broadcast Satellite (DBS) 
Service.
    \4\ 13 CFR 120.121, SIC code 4899.
    \5\ 1992 Economic Census Industry and Enterprise Receipts Size 
Report, Table 2D, SIC code 4899 (U.S. Bureau of the Census data 
under contract to the Office of Advocacy of the U.S. Small Business 
Administration).
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    18. Regarding the future use of the 5.85-5.925 GHz band by DSRCS 
equipment, we believe it is too early to make an determination on such 
operations. A future rulemaking proceeding will propose further 
technical standards, licensing and service rules and a separate 
regulatory flexibility analysis will address all issues relevant to 
that proceeding.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    19. We are proposing to allocate this spectrum for a new service. 
The licensing and technical regulations governing these operations will 
be addressed in a separate proceeding. Therefore, this proposed action 
does not create any reporting or compliance requirements.

E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    20. The NPRM proposes basic technical rules such as power limits, 
unwanted emission limits and a frequency stability requirement. It also 
requests comment on whether operational standards should be adopted to 
facilitate nation-wide interoperability of DSRCS. The development of 
DSRCS operational standards could delay the initial deployment of such 
equipment, but could ultimately result in equal footing for all 
manufacturers, including small entities, in producing equipment that 
meets uniform standards. We request comment on further alternatives 
that might minimize the amount of economic impact on small entities.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    21. None.

List of Subjects in 47 CFR Parts 2 and 90

    Communications equipment, Radio.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-17314 Filed 6-29-98; 8:45 am]
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